Reply to: Issue with agency

[TheFaQQer]

I understand this approach, and completely agree that one should continue pursuing opportunities until your bum is on a seat, however, are we as contractors not leaving ourselves open to being sued for breach of contract if the original (delayed) role for which you signed a contract does eventually come through and you've already moved on and started with another client/agency?

That's where you exercise your right of substitution.

[billybiro]

In general, after signing a contract I keep going on applying and interviewing until my bum is actually on the seat at ClientCo

I understand this approach, and completely agree that one should continue pursuing opportunities until your bum is on a seat, however, are we as contractors not leaving ourselves open to being sued for breach of contract if the original (delayed) role for which you signed a contract does eventually come through and you've already moved on and started with another client/agency?

[psychocandy]

I don't know - I'm sure that if you asked IPSE, they would be able to give you some indication, though.

I've not claimed on the insurance so I don't know the burden of proof - but to say that IPSE can't help you, when they have a specific product designed to do just that (and has paid out to at least one CUK member) shows an ignorance of what is on offer.

To be fair what I did find out when I claimed was that you were supposed to pursue it with the agency in the first instance. They paid out for me as a gesture of good will because it was only a day.

If this was me, here's what I'd do (as an IPSE+ member).
1) Wait and see if it does pan out. If it does then nothing you can do about the delay.
2) If it gets canned, tell the agency they owe you notice period. (Yes I know no timesheet blah blah blah).
3) If they dont pay up (probably won't) then contact IPSE for advice. Never know might get notice period claim off them.

[TheFaQQer]

How many claims have they paid out?

I don't know - I'm sure that if you asked IPSE, they would be able to give you some indication, though.

I've not claimed on the insurance so I don't know the burden of proof - but to say that IPSE can't help you, when they have a specific product designed to do just that (and has paid out to at least one CUK member) shows an ignorance of what is on offer.

[Batcher]

Can anyone give me any constructive advice.

Learn how to use the search function? This question gets asked on a weekly basis, it seems.

[psychocandy]

Good. How are you going to prove the role 'doesnt exist' ? Withdrawal of a role, internatally filled is not 'doesnt exist.'

And Id bet the contract has to be signed by all parties, lower contract between agent & contractor and upper contract between agent & client.

How many claims have they paid out?

I claimed once. Got paid. Just a day though (whihc was notice).

Agency/client pulled it on friday pm before monday start.

[BolshieBastard]

Bit harsh. I think we'd all be a bit wassed off in these circumstances.

Sounds like agency jumped the gun on this one. But of course suits them to get it all signed off ready for (and if) it starts.
Bit worrying that the client is still saying its waiting. If there was little delay then surely they'd have been keen to allay your fears.

Sounds like it'll probably come through eventually fingers crossed.

Bugger all you can do about it though. Agencies are tossers.

Yes, we've all had it. Yes it is harsh. But too many noobies just think contracting is a shed more money. There's someone on here today having a whinge about 'why is the consultancy bod next to me paid more and what can I do?'

[BolshieBastard]

Business Interruption insurance will pay out if "the contracted role does not exist or is withdrawn after the contract is signed but before the on-site date"

Up to £1000

Good. How are you going to prove the role 'doesnt exist' ? Withdrawal of a role, internatally filled is not 'doesnt exist.'

And Id bet the contract has to be signed by all parties, lower contract between agent & contractor and upper contract between agent & client.

How many claims have they paid out?

[Eirikur]

In general, after signing a contract I keep going on applying and interviewing until my bum is actually on the seat at ClientCo

[TheFaQQer]

Joining ipse wont make a scrape of difference to this situation.

Business Interruption insurance will pay out if "the contracted role does not exist or is withdrawn after the contract is signed but before the on-site date"

Up to £1000

[psychocandy]

Noobie? Go back to permie if you dont like the baggage that comes with contracting.

You're not losing money. These things happen. Joining ipse wont make a scrape of difference to this situation.

Bit harsh. I think we'd all be a bit wassed off in these circumstances.

Sounds like agency jumped the gun on this one. But of course suits them to get it all signed off ready for (and if) it starts.
Bit worrying that the client is still saying its waiting. If there was little delay then surely they'd have been keen to allay your fears.

Sounds like it'll probably come through eventually fingers crossed.

Bugger all you can do about it though. Agencies are tossers.

[BolshieBastard]

Hi All,
Am new to the forum and hope you can help.

I signed a contract with companyX through an agency and was supposed to start on February 16th. Everything seemed to be going well and I received a contract from the agency. Signed it and sent back etc.
A few days before I was to start, I was chasing the agency about where to go for induction / onboarding. I was informed that the companyX had made some changes to their onboarding process, and that my start date had been delayed as a result. Up till today I still haven't started. I am losing money by the day.
I have been chasing the agency since the beginning of all this. I was told that companyX would probably not be willing to compensate me. I got so frustrated, I called the guy who interviewed me. He said basically that the fault is with the agency in that my contract is with them and not companyX. He also said that the agency shouldn't have drawn up a contract for me to sign until everything was sorted with the onboarding changes at the company. It seems the contract was drawn up thinking everything was in place for me to go on site, then the changes came along.
Basically I need some advice. Unfortunately I didn't join IPSE before all this as I wasn't really aware of their services. I am considering taking legal action against the agency.
Can anyone give me any constructive advice. I believe I followed protocol. I didn't run ahead of things. I signed a contract etc. What can I do? Thx.

Noobie? Go back to permie if you dont like the baggage that comes with contracting.

You're not losing money. These things happen. Joining ipse wont make a scrape of difference to this situation.

[SueEllen]

General rule is to keep looking and being open to other opportunities until you have finished a few days on the other contract.

Just don't sign anything else.

Also in future ask the client at interview enough details about the project and process so you can clarify if the agency is lying to you more than they should be.

[TykeMerc]

Please understand that this sort of thing (delayed or even cancelled starts) after signing contracts is not at all unusual, I'd even go as far to say that it's pretty common.

You can try to get legal with the agency, but you will just be totally wasting your time, mental effort and money if you pay a lawyer, the contract will be clear that no work, no signed timesheet, no pay.

It's frustrating and annoying, but it's a reality of contracting.

You can do 2 things.

1. Wait and see if it starts
2. Write it off and find another contract (contacting the client may have forced 2 on you as some clients won't like you doing that)

[stek]

Move on, forget it.